Additional Conditions of Contract ________________________________________________________________________Engineering Projects (India) Limited _____________________________________________________________________________________________________ Signature of Contractor 1 EPI ADDITIONAL CONDITIONS OF CONTRACT (ACC) 1.0 The following Additional Conditions of Contract shall be read in conjunction with General Conditions of Contract. If there are any provisions in these Additional Conditions of Contract, which are at variance with the provisions of General Conditions of Contract, the provisions in these Additional Conditions of Contract shall take precedence. 2.0 INTRODUCTION Construction of Non- Residential Building for Base Hospital at Chandak, Pithoragarh is the work of Uttarakhand State Infrastructure Development Corporation (USIDCL). 3.0 SCOPE OF WORK INCLUDED IN THE CONTRACT The scope of work included in this tender shall include (but not be limited to) Site development, setting out and layout, excavation of foundation & Basement, laying base concrete, R.C.C. footing, brick work in foundation and up to plinth, fixing door and window frames. Brick work in superstructure, laying of R.C.C. slab, plaster work, laying of floors, fixing of door and window shutters, painting and varnishing work, white washing, cement paint, construction of drain etc of quality assurance of various components of the works. Rectification of the defects in the completed works during the defect liability period, submission of “As built” drawing. and any other related documents and other items of work as may be required to be carried out for completing the works, in accordance with the drawings and provisions of the contract to ensure safety. Electrical works:- PVC conduit, wiring, fixing of switches & switch boards, sub main wiring, cabling, power points, fixing of distribution board, all internal & external electrification works etc. complete. Water Supply & Sanitation works:- Open and concealed GI pipe works of all dia. including all fittings, fixing of gate valve, SCI/PVC pipes sanitation works including all fittings, construction of man hole chamber, soakage pit, septic tank, fitting of water supply and sanitary fixtures, under ground & roof water tanks, all internal & external water supply and sanitation works etc. complete. 4.0 QUALIFICATION OF TENDERERS To be eligible for this tender the bidders should fulfill the requirements for eligibility as mentioned in the Notice Inviting Tender (NIT) and should submit
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Additional Conditions of Contract ________________________________________________________________________Engineering Projects (India) Limited
_____________________________________________________________________________________________________ Signature of Contractor 1 EPI
ADDITIONAL CONDITIONS OF CONTRACT (ACC)
1.0 The following Additional Conditions of Contract shall be read in conjunction
with General Conditions of Contract. If there are any provisions in these Additional Conditions of Contract, which are at variance with the provisions of General Conditions of Contract, the provisions in these Additional Conditions of Contract shall take precedence.
2.0 INTRODUCTION
Construction of Non- Residential Building for Base Hospital at Chandak, Pithoragarh is the work of Uttarakhand State Infrastructure Development Corporation (USIDCL).
3.0 SCOPE OF WORK INCLUDED IN THE CONTRACT
The scope of work included in this tender shall include (but not be limited to) Site development, setting out and layout, excavation of foundation & Basement, laying base concrete, R.C.C. footing, brick work in foundation and up to plinth, fixing door and window frames. Brick work in superstructure, laying of R.C.C. slab, plaster work, laying of floors, fixing of door and window shutters, painting and varnishing work, white washing, cement paint, construction of drain etc of quality assurance of various components of the works. Rectification of the defects in the completed works during the defect liability period, submission of “As built” drawing. and any other related documents and other items of work as may be required to be carried out for completing the works, in accordance with the drawings and provisions of the contract to ensure safety.
Electrical works:- PVC conduit, wiring, fixing of switches & switch boards, sub main wiring, cabling, power points, fixing of distribution board, all internal & external electrification works etc. complete.
Water Supply & Sanitation works:- Open and concealed GI pipe works of all dia. including all fittings, fixing of gate valve, SCI/PVC pipes sanitation works including all fittings, construction of man hole chamber, soakage pit, septic tank, fitting of water supply and sanitary fixtures, under ground & roof water tanks, all internal & external water supply and sanitation works etc. complete.
4.0 QUALIFICATION OF TENDERERS
To be eligible for this tender the bidders should fulfill the requirements for eligibility as mentioned in the Notice Inviting Tender (NIT) and should submit
Additional Conditions of Contract ______________________________________________________________________ _Engineering Projects (India) Limited
Signature of Contractor 2 EPI
detailed data and credentials set out in Clause No. 19.0 of ITT (Vol-I), NIT (Vol-II) of the tender. The bidders are required to fulfill all the eligibility criteria as stipulated in NIT documents and elsewhere in the Tender documents. The price bid of bidders who fulfill the eligibility criteria as per evaluation of EPI shall only be opened. The decision of EPI in this regard shall be final & binding on the bidders
5.0 DISQUALIFICATION
The bidders may note that their bids are liable to be disqualified and not considered for the opening of Price Bid if;
a) Representation in the forms, statements and attachments submitted in
the pre-qualification document are proved to be incorrect, false and misleading.
b) They have record of poor performance during the past 10 years such as abandoning the work, rescinding of contract for which the reasons are attributable to the non-performance of the contractor, inordinate delay in completion, consistent history of litigation / arbitration awarded against the contractor or any of its constituents or financial failures due to bankruptcy etc. in their on going / past projects.
c) They have submitted incompletely filled in formats without attaching certified supporting documents and credentials to establish their eligibility to participate in the tender.
d) If the bidders attempt to influence any member of the selection committee.
e) These are in addition to conditions of GCC. EPI reserves its right to take appropriate action including disqualification of bidder (s) as may be deemed fit and proper by EPI at any time without giving any notice to the bidder in this regard. The decision of EPI in the matter of disqualification shall be final and binding on the bidders.
6.0 EPI reserves the right to independently verify the performance of the bidder
from the existing owners / users / owners’ Consultants. In case of non-receipt of such confirmation, EPI reserves the right to reject the tender and price bid of such bidder and bid shall not be considered, even if the bidder is meeting the technical and other qualifying requirements.
In such circumstances the bidder shall have no claim on EPI of whatsoever
nature.
Additional Conditions of Contract ________________________________________________________________________Engineering Projects (India) Limited
_____________________________________________________________________________________________________ Signature of Contractor 3 EPI
7.0 Clause no 1.0 of Instructions to Tenders i.e. mode of submission shall also include the following paras:
(a) The Envelope-1 shall also contain the documents meeting the eligibility
criteria mentioned in “Notice Inviting Tender” Clause No. 1.0 (a) to (h), in addition to the documents mentioned in Clause No.1.0 (i) to (vi) given in Page No. (1) of “INSTRUCTIONS TO TENDERERS”.
(b) The tenderer who download the tender documents directly from EPI’s
website shall have to submit tender fees of Rs. 10,000/- (Rupees Ten Thousand only) (Non-Refundable) by Crossed Demand Draft favouring “Engineering Projects (India) Ltd.”, payable at Delhi along with their bid in Envelope-1.
8.0 CLAUSE NO.1.1 OF INSTRUCTIONS TO TENDERERS as given in Page (2)
of INSTRUCTIONS TO TENDERERS stands amended as below: First the Envelope-1 of the tenderer shall be opened. Tenderers who un-
conditionally accept the tender conditions, deposit the required Earnest Money, meet the eligibility criteria mentioned in clause no. 1.0 (a) to (h) of NIT, deposit the tender fees as defined above in Clause 7.0(b) and whose Techno-Commercial Bid is found suitable, shall be considered for the opening of their Price Bid and Envelope-2 of such tenderers shall only be opened. The Tenders not accompanied by requisite Earnest Money and/or not accompanied by the requisite tender fees and / or not conveying un-conditional acceptance of tender conditions and / or not meeting the eligibility criteria or whose Techno-Commercial Bid are not found acceptable, shall be rejected and such tenderer shall not be allowed to attend Price Bid opening i.e. opening of Envelope-2.
9.0 SPECIFICATIONS 9.1 The work in general shall be carried out as per latest CPWD specifications
New Delhi for Civil Works, Internal Electrical works and Fire fighting (updated with correction slips issued up to last date of submission of tender) unless otherwise specified in the nomenclature of the individual item or in the particular specifications of concerned items of works.
9.2 For items not covered under latest CPWD specification, for (Civil Works) /
latest CPWD specification for Electrical Works, Fire fighting works etc. and in particular specification or nomenclature of the individual item as above, the work shall be done as per latest relevant BIS codes of practice and DIN or IEC standards.
9.3 In case specifications are not covered under Para 11.1 & 11.2 above the work shall be carried out as per the provisions of technical specification.
Additional Conditions of Contract ______________________________________________________________________ _Engineering Projects (India) Limited
Signature of Contractor 4 EPI
9.4 In case of non availability of any specification in the above paras or any overlapping provisions, non-clarity on any issue, applicability of particular provision out of above, shall be decided by Engineer-in-Charge whose decision shall be final & binding on the contractor.
10.0 Payment Terms
Subject to deduction which EPI might be entitled to make under the contract, the contractor shall receive payment of contract value as per Clause 37.0 of GCC. Retention money as applicable shall be deducted from each bills. (Clause 10.0 of GCC).
11.0 For dispatch of materials to site, equipment manufacturer / supplier shall mark consignee as self A/c USIDCL through EPI.
12.0 ROAD PERMIT:
Road permit for transportation of goods across state border shall not be issued by USIDCL/ EPI and will have to be arranged by contractor on his own. Transit Insurance of the equipment shall be arranged by the contractor. Nothing extra shall be paid on this account.
13.0 Invoice should be raised by Contractor in the name of Engineering Projects
(India) Ltd., Pithoragarh, Uttarakhand with copy to EPI-PMD, NRO, New Delhi.
14.0 THE CLAUSE NO. 69.0 (IV) OF GCC STANDS MODIFIED AS UNDER:
If the rates for the altered, additional or substituted work cannot be determined in the manner specified in sub-clauses (i) to (iii) above, then the Contractor shall, within 7 days of the date of receipt of order to carry out the work, inform the Engineer-in-Charge the rates which he intends to charge for such class of work, supported by analysis of the rate or rates claimed, and the Engineer-in-Charge shall determine the rate or rates on the basis of prevailing market rates of the material, Labour, T&P etc. plus 15% (Fifteen percent) to cover the Contractors supervision, overheads and profit and pay the Contractor accordingly. The opinion of the Engineer-in- charge as to the current market rates of materials and quantum of labour involved per unit of measurements will be final and binding on the Contractor. However, the Engineer-in-Charge, by notice in writing, will be at liberty to cancel his order to carry out such class of work and arrange to carry it out in such manner, as he may consider advisable. But under no circumstances, the Contractor shall suspend the work on the plea of non-settlement of rates of items falling under the clause.
Additional Conditions of Contract ________________________________________________________________________Engineering Projects (India) Limited
_____________________________________________________________________________________________________ Signature of Contractor 5 EPI
15.0 PLANT & MACHINERY All plant & machinery required for execution of work shall have to be
arranged by the contractor at his own cost as under:
12 Level machine 1 No.13 Theodolite 1 No.14 Total Station machine 1 No.15 Site lab testing equipment i -Cube testing machine 1 No. ii- Cube mould 30 Nos. iii- Slump cone 2 Nos. iv- Vernier Callipers 1 No. v- Screw gauge 1 No. vi- Weighing machine 1 No. vii- Silt testing container 4 Nos. viii- Sieves as per IS Complete set
The contractor will not be allowed to take out equipments from the site without the written permission of Engineer-in-Charge.
16.0 The contractor shall comply with legal orders, directions and by laws of local
bodies / authorities. The contractor shall give to the Municipality, Police, Local Bodies and concerned Governmental authorities all necessary notices relating to works that may be required under the law and obtain all requisite licences, permissions for temporary obstructions, enclosures, collection and stacking of materials, etc. The contractor shall pay at his own cost all fees, taxes and charges that may be liable on account of these operations in executing the contract. Nothing extra shall be paid by EPI on this account.
Additional Conditions of Contract ______________________________________________________________________ _Engineering Projects (India) Limited
Signature of Contractor 6 EPI
The contractor shall be bound to follow the instructions and restrictions imposed by the administration / Police authorities on the working and / or movement of labour, materials etc. nothing extra shall be payable due to less / restricted working hours at site or any detours in movement of vehicles.
17.0 INSURANCE OF WORKS
The Insurance coverage as stipulated in General Conditions of Contract (GCC) clause no. 17, 18 and 19 shall be in the combined name of USIDCL/EPI and the Contractor for a period of 12 months after Successful completion / handling over of work. The Insurance coverage shall be on the total value of work awarded to contractor by EPI.
Clause 17.0 of GCC is modified as under:
EPI shall take, in the joint names of the EPI/USIDCL and contractor, "Contractor's All Risk Policy" insurance from the start Date to the end of the Defect Labiality period the amounts and deductibles stated in the contract data for the following events which are due to the contractor’s risks.
a) Loss of or damages to the works, plant and material.
b) Loss of or damages to equipments. c) Loss of or damages of property (except the works, plant materials and
equipment) in connection with the contract; and Personal injury or death.
All each insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred.
Proportionate cost/premium of the policy shall be recovered from the
contractor corresponding to the contract value plus other premium on his equipment as mentioned above.
Alterations to the terms of insurance shall not be made without the approval
of the Engineer-in-Charge.
Both parties shall comply with conditions of the insurance policies. 18.0 INDEMNITY AGAINST PATENT RIGHTS The following Para shall be added to clause No. 20.0 of General Conditions of
Contract as under:
The Indemnity against Patent rights shall be in the Joint Name of USIDCL and EPI.
Additional Conditions of Contract ________________________________________________________________________Engineering Projects (India) Limited
_____________________________________________________________________________________________________ Signature of Contractor 7 EPI
19.0 PERMITS AND INSPECTIONS The contractor shall obtain all necessary permits from local bodies, provincial
or central authorities and shall make arrangement for inspection and tests etc. as required at his own cost.
20.0 LICENCES The contractor shall arrange for obtaining the licence and clearances for the
operation. (If required) from the local authorities and statutory bodies at his own cost & nothing extra shall be payable. Certification of various equipments / installations from statutory bodies other agencies as required as per technical specifications, shall be arranged by contractor at his own cost before handing over.
21.0 The contractor shall have to make his own arrangements for getting the
permission for plying trucks or any plant & equipment for execution of works from the statutory authorities at his own cost. No excuse as to delay in work due to non-availability of permission shall be entertained.
22.0 The work shall be carried out in accordance with the drawings/documents
approved by the EPI / USIDCL. Before the commencement of any item of work, the contractor shall correlate all the relevant architectural and structural drawings issued for the work and satisfy himself that the information available there from is complete and unambiguous. The discrepancy, if any, shall be brought to the notice of Engineer-In-Charge before the execution of work. The contractor alone shall be responsible for any loss or damage occurring by the commencement of work on the basis of any erroneous and / or incomplete information. Nothing extra shall be paid on this account
23.0 The contractor shall give performance tests of the entire installation (s) as per
specifications and drawings before the work is finally accepted and nothing extra whatsoever shall be payable to the contractor for these performance tests.
24.0 The contractor shall be bound to sign the site order book as and when
required by Engineer-In-Charge at Site and carry out compliance of instruction promptly to the satisfaction of Engineer-In-Charge.
25.0 Bill of Quantities shall be read in conjunction with the specifications and
requirement described in tender documents, Instructions to tenderers, General conditions of contract, Additional conditions of contract, Technical specifications, Drawings, Schedules, and Annexure & Addendum etc. to tender document.
Additional Conditions of Contract ______________________________________________________________________ _Engineering Projects (India) Limited
Signature of Contractor 8 EPI
General directions and description of work and materials are not necessarily repeated or summarized in the Bill of quantities. Reference to the relevant sections of the contract document shall be made by the contractor before entering rates or prices against each item in the Bill of Quantities.
26.0 SITE STAFF OF CONTRACTOR: Minimum qualifications and experience required for principal technical rep.
and other minimum technical staff other than supervisor shall be deployed as under.
Sl. No.
Personnel Qualification &Experience No.
1 Senior Site Engineer (Degree Holder)
B.E. Civil + having minimum 5 Years experience in similar type of Building works
1 No.
2 Site Engineer • Diploma in Civil Engineering having minimum 3 years building experience.
• Diploma in Electrical Engineering having minimum 3 years building experience.
1 No.
1No.
3 Supervisor / Formen Trained in Civil Works 5 Nos.4 Accounts clerk, store
keeper 1 No.
each5 Security Guard. From registered security agency for
(24x7days)3 Nos.
If Contractor fails to deploy minimum Technical staff as mentioned above, recovery on account of non-deployment of each Technical/Non technical/Clerical staff shall be made from subsequent RA Bills as under: a) Graduate Engineer at ` 60,000/- per month.
b) Diploma Holder at ` 40,000/- per month. c) Supervisor/Store keeper/Accounts clerk at ` 15,000/- per month. d) Security Guards at ` 10,000/- per month.
27.0 It will be the sole responsibility of contractor to obtain all statutory approvals
and completion clearance from all the relevant statutory bodies for all other services as included in the scope of contract etc. from the concerned department as required within the stipulated time frame. Liaison work on behalf of EPI with the local bodies will also have to be done by the contractor. Nothing extra shall be payable to contractor on this account. No claim whatsoever in this regard shall be entertained.
Additional Conditions of Contract ________________________________________________________________________Engineering Projects (India) Limited
_____________________________________________________________________________________________________ Signature of Contractor 9 EPI
28.0 The contractor shall make necessary safety arrangement at site including as
mentioned in GCC and indemnify EPI and client against any consequence of accident at site.
29.0 Deduction (non-refundable) at the rate of 1% or at the rates applicable from
time to time in the state of Uttarakhand from gross amount of each running bill and from final dues of contractor shall be made towards provision for workers “welfare Cess Act 1996”.
30.0 The Contractor shall furnish details whether they are covered under micro, small and Medium Enterprise Development Act 2006. If yes, clearly indicate under which category they are covered alongwith documentary evidence. This information is required to be furnished along with the bid.
31.0 Contractor will be responsible to arrange day to day housekeeping as required at site as per instruction of Engineer in charge.
32.0 FACILITIES TO BE PROVIDED BY SUCCESSFUL BIIDDER TO EPI Clause No. 28.3 of GCC is modified as below.
Immediately on placement of LOI/Work Order (whichever is earlier) by EPI on the successful bidder, the successful bidder, at its own cost shall provide furnished office, facilities etc. exclusively for the use of personnel of EPI as per details given below. These facilities are in addition to the facilities to be provided to the clients/ client’s consultant, if any, as per terms of main contract with clients. The successful bidder shall make his rates in their offer sufficiently comprehensive to cover the cost of the facilities as per details shown below and the successful bidder, shall not be entitled for any extra payment for the same:
DESCRIPTION
A) OFFICE ACCOMMODATION Furnished Office/ Office cum Residential accommodation at one or more locations as per direction of EPI with basic amenities like Toilets, Drinking water arrangement, lights, fans etc. for exclusive use of EPI’s Engineers & Staff and maintenance of the same till Defect Liability Period. The Specifications and Design of accommodation shall be as
1000 Sq.ft
B)
FURNITURE OF TOTAL VALUE
Rs 1.00 Lac
C) OFFICE EQUIPMENT
a) Fax Machine 01 Nos.
Additional Conditions of Contract ______________________________________________________________________ _Engineering Projects (India) Limited
Signature of Contractor 10 EPI
b) Latest Computer (Desk Top) with minimum 500 GB HDD along with UPS & Operator (In case Computer Operator is not provided by the PARTY, recovery of Rs. 10000/- per month / per computer operator shall be made from the PARTY’s bills in this regard) and Latest version of Software like MS Project, Windows, MS Office etc.
01 Nos.
c) All in one with fax, scan, copy and print (Heavy duty). Laser or any other Printer of equiv. Amount of A4 size.
01 Nos.
d) Internet Facilities (broad band / data card with unlimited downloading facility) 01 Nos. e) Refrigerator (165 Itr.) or any other gadget of equivalent cost as decided by EPI 01 Nos.
f) Air Conditioner with cooling & heating (1.5Ton Capacity) or any other gadget of equivalent cost as decided by EPI.
02 Nos.
g) UV/RO type water purifier (Drinking Water) or any other gadget of equivalent cost as decided by EPI
01 Nos.
h) Digital Camera 8MP with video facility 01 Nos.
D) CONSUMABLES
a) All consumables like Stationary, ink etc. shall be provided by PARTY till end of defect liability period. (Stationary items are inclusive of visiting cards, rubber stamps, letter pads, photocopies, photocopy papers & other items of daily office use). Amount
Rs. 5000 /-
be restricted to: Per month
b) Running & Maintenance of the equipment mentioned above are to be done by the PARTY at his own cost.
As per Actual
E) TELEPHONE WITH STD FACILITY AND INSTRUMENT
a) Office Telephone (Fixed Line) 01 No.
b) Mobile Phone 03No.
Monthly operational expenditure on account of all telephones shall be restricted to. Rs. 8000/-. The cost of each Mobile Phone Instrument shall be restricted to Rs 6, 000/- per Month
F) 01 No. VEHICLE – Scorpio / Xylo / Innova make or equivalent with Driver and accessories with Monthly running shall be restricted to : 4000Kms.
The vehicle has to be in very good condition and shall not be more than 01 year old and shall be provided with driver on full time basis. Consumables like diesel/petrol/oil lubricants and spare parts etc. shall be provided by the PARTY at their cost. The vehicles shall be maintained in good working condition. In case of breakdown, replacement of vehicles shall be provided by PARTY immediately. The cost of registration, transportation etc. shall be borne by the PARTY. In case a vehicle is not required by EPI, a recovery of Rs. 45,000/- per month per vehicle shall be made from the PARTY for this purpose till the end of defect
Additional Conditions of Contract ________________________________________________________________________Engineering Projects (India) Limited
_____________________________________________________________________________________________________ Signature of Contractor 11 EPI
liability period. In case Driver, POL, maintenance of any vehicle is not required by EPI for any vehicle, a recovery of Rs. 30,000.00 per month per vehicle shall be made from the PARTY for this purpose till the end of defect liability period. The above gadgets and facilities should be brand new and of reputed make and all facilities shall be provided and maintained properly (including clearing payment of water & electricity bills etc.) by the PARTY at Project site or at any other office related with execution of this project till completion of work, handing over, defect liability period in all respect at his own cost. The PARTY shall also make stand-by arrangement for water & electricity to ensure un-interrupted supply. The equipment/items shall be the property of PARTY at the end of contract. The PARTY shall be responsible for watch and ward of site office and other facilities etc. In case of theft/damage of any equipment/items, the PARTY shall immediately replace the same within a maximum period of two days. The PARTY shall provide ‘Sign Board(s)’ as per design approved by EPI and/or Client. In case the above facilities are not provided by the PARTY within 10 (ten) days of award of work or replacement is not provided within the specified period, EPI shall arrange the same and debit to the PARTY and make the recoveries from the bills of the PARTY. The decision of EPI shall be final and binding on the PARTY in this regard.
G) OFFICE BOY CUM COOK on Full time basis for EPI 02 Nos.
33.0 Time Control 33.1 Programme
Within the time stated in the contract data the contractor shall submit to the Engineer for Approval a programme showing the general methods, arrangements. Order and timing for all the activities in the works along with monthly cash flow forecast.
An update of the progamme shall be programme showing the actual programme achieved on each activity and the effect of the progress achieved on the timing of the remaining work including any changes to the sequence of the activities.
The contractor shall submit to the Engineer, for approval an updated programme at intervals no longer than the period stated in the contract data. If the contractor does not submit an updated programme within this period, the Engineer may withhold the amount until the next payment after the date on which the over due programme has been submitted.
The Engineer’s approval of the programme shall not alter the contractor is obligations. The contractor may revise the programme and submit it to the Engineer at any time. A revised programme is to show the effect of Variations and compensation Events.
Additional Conditions of Contract ______________________________________________________________________ _Engineering Projects (India) Limited
Signature of Contractor 12 EPI
33.2 Extension of the Intended Completion Date.
The engineer shall extend the Intended completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for completion to be achieved by the Intended Completion Date without the contractor taking steps to accelerate the remaining work and which would cause the Contractor to incur additional cost.
The Engineer shall decide whether and by how much to extend the Intended completion data within 35 days of the contractor asking the engineer for a decision upon the effect of a compensation Event or Variation and submitting full supporting information. If the contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new intended completion date.
The Engineer shall within 14 days of receiving full justification from the contractor for extension of intended completion date refer to the employer his decision. The employer shall in not more than 21 days communicate to the engineer the acceptance of otherwise of the Engineer’s decision. If the EPI / USIDCL fails to give his acceptance, the Engineer shall not grant the extension and the contractor may refer the matter to the Dispute Review Expert under Clause no. 24.1.
34.0 Management Meetings
Either the Engineer or the contractor may require the other to attend management meeting. The business of a management meeting shall be to review the plans for remaining work and do deal with matters raised in accordance with the early warning procedure.
The Engineer shall record the business of management meetings and is to provide copies of his record to those attending the meeting and to the employer. The responsibility of the parties for action to be taken is to be decided by the engineer either at the management meeting or after the management meeting and stated in writing to all who attended meeting.
35.0 Quality Control 35.1 Identifying defects
The engineer shall check the contractor’s work and notify the contractor of any defects that are found. Such checking shall not affect the contractor’s responsibilities. The Engineer may instruct the contractor to search for a
Additional Conditions of Contract ________________________________________________________________________Engineering Projects (India) Limited
_____________________________________________________________________________________________________ Signature of Contractor 13 EPI
Defect and to uncover and test any work that the Engineer considers may have a Defect.
35.2 Work to be open to inspection
All works under or in the course of executive or executed in pursuance of the contract shall at all times be open to the inspection & supervision of the Engineer-in-charge & his subordinates, & the contractor shall at all times during the usual working hours and at all other times, at which reasonable notice of intention of the Engineer-in-charge or is subordinate to visit the works shall have been given to the contractor, either himself be present to receive order and instruction or have a responsible agent duly accredited in writing present for that purpose. Orders given to the contractor’s agent shall be considered to have the same force as they had been given to the contractor himself.
35.3 Notice to be given before work is covered up.
The contractor shall not give less than five days, notice in writing to the Engineer-in-charge before covering up or otherwise placing beyond the reach the measurement of any work in order that the same be measured and correct dimension thereof be taken before the same is so covered up or placed beyond the reach of measurement of any work without the consent in writing of the Engineer-in-Charge of the work & if the work shall be covered up or placed beyond the reach of measurement without such notice having been given or consent obtained, the same shall be uncovered at the contactor’s expense, and in default thereof no payment or allowance shall be made for such work or the materials with which the same was executed.
35.4 Tests
If the engineer instructs the contractor to carry out a test not specified in the specification to check whether any work has a defect and the test shows that it does, the contractor shall pay for the test and any samples, if there is no Defect the test shall be a compensation Event.
Test laboratory and testing equipments required for the project should be available at site.
35.5 Correction of defects.
The engineer shall give notice to the contractor of any Defects before the end of the defects liability period, which beings at completion and is defined in the contract data. Every time notice of a defect is given, the contractor shall correct the notified defect within the length of time specified by the Engineer’ notice.
Additional Conditions of Contract ______________________________________________________________________ _Engineering Projects (India) Limited
Signature of Contractor 14 EPI
35.6 Uncorrected defects.
If the contractor has not corrected a defect within the time specified in the Engineer’s notice, the Engineer will assess the cost of having the defect corrected, and the contractor will pay this amount.
36.0 Variations
All variations shall be included in updated programmes produced by the contractor. The Engineer-in-Charge shall have power to make any alteration, omissions, additions and substitution in the original specification, drawings, designs & instructions that may appear to him to be necessary during the progress of the work & the contractor shall carry out the work in accordance with any instruction which may be given to him in writing signed by the Engineer-in-charge & such alterations, omissions, additions, substitutions, shall not invalidate the contract & any altered, additional or substituted work which the contractor may be given delivered to do in the manner above specified as part of the work shall be carried out by the contractor on the same conditions in all respects on which he agreed to do the main work. The time for the completion of the work shall be extended in the proportion that the altered, additional or substituted work bears to the original contract work & the certificate of the Engineer-in-Charge shall be conclusive as to such proportion. Over & above this, a further period to the extent of 25% of the time so extended may be allowed to the contractor. The rate for such additional, altered or substituted work under this clause shall be worked out in accordance with the following provisions in their respective orders:-
a) If the rates for the additional altered or substituted work are specified in
the contract for the work, the contractor is bound to carry out the additional, altered or substituted work at the same rates as are specified in the contract of the work.
b) If the altered, additional or substituted work includes any work for which, no rates are specified in the contract for the work or cannot be derived from the similar class of work in the contract then such work will be carried out at the rates entered in the schedule of rates of relevant Distt./Minus/Plus/Percentage, which the total tendered amount bears to the estimated cost of the entire work put to tender.
c) If the rates for the altered, additional or substituted work cannot be determined in the manner specified in the Sub-Clauses (a) to (b)
Additional Conditions of Contract ________________________________________________________________________Engineering Projects (India) Limited
_____________________________________________________________________________________________________ Signature of Contractor 15 EPI
above, then the rates for such work shall be worked out on basis of schedule of rates of the Distt. Specified above Minus/Plus the percentage which the total tendered amount bears to the estimated cost of the entire work put to tender provided always that if the rate for a particular parts or parts will be determined by the Engineer on behalf of the EPI when the work was tendered.
d) If the rates for the altered, additional or substituted work cannot be determined in the manner specified in the Sub-Clauses (a) to (c) above, then the contractor shall within 7 days of the date of receipt of the order to carry out the work, inform the officer accepting the contract on behalf of the EPI of the rate which he intends to charge for such class of work, supported by analysis of the rate or rates claimed & the EPI shall determine the rates on the basis of the prevailing market rates & pay the contractor accordingly. However, the Engineer-in-charge on behalf of the EPI by notice in writing will be at liberty to cancel his order to carry out such class of work & arrange to carry out it in such manner or as any consider reasonable. But under no circumstances, the contractor shall suspend the work on the plea of no settlement of rates of times, failing under this clause. The rates under sub clauses (a) to (b) & (c) shall be worked out by officer accepting the contract on behalf of the EPI.
37.0 TECHNICAL EXAMINATION / AUDIT
In case of Technical Examination/ Audit of state / Central Government Authorities, any time during execution or even after 15 months of completion of work, the contractor shall be liable for defects/ quality of the work and financial consequences as a result of deficiencies observed/ recorded in Technical Examination/ audit report. Necessary documents/ supporting vouchers (In Original) for purchase of cement and steel and other construction material, store registers/ records, materials test report, field test results, abstract of payments, manufacturers test certificates and any other details as asked for during Technical examination/ Audit by the concerned authority shall be provided by the Contractor to the full satisfaction of Technical Examiner during Technical Examination/ Audit of the work. If as a result of such audit and/ or technical examination any sum is found to have been overpaid, the Contractor shall be liable to refund the amount of over-payment and it shall be lawful for the Engineer-In-Charge to recover the same from him in any manner permissible under the contractor legally.
Additional Conditions of Contract ______________________________________________________________________ _Engineering Projects (India) Limited
Signature of Contractor 16 EPI
38.0 Liquidated Damages/ compensation for delay
The contractor shall pay liquidated damages to the employer at the rate per week stated in the contract data for week day that the completion date is later than the Intended completion date(for the whole of the works or the milestone as stated in the contract data). The total amount of liquidated damages shall not exceed the amount defined in the contract data. The employer may deduct liquidated damages from payments due to the contractor. Payment of liquidated damages does not affect the contractor’s liabilities. The payment or deduction of such damages shall not relieve the contractor from his obligation to complete the works or from any other of his obligations and liabilities under the contract. In addition to above, if the delay has occurred due to the reasons attributable to the contractor, then a recovery of Rs 1,50,000.00 (Rupees One Lac Fifty Thousand only) per month shall be made against delayed period from the contractor’s bill towards compensation for overstay expenses of EPI.
39.0 Securities Deposit for Reinforcement Steel Bars and Cement being
supplied by EPI.
Reinforcement steel and cement shall be issued free of cost to the contractor. The party shall submit a Bank Guarantee of Rs. 40.00 Lacs (Rupees Forty Lacs) lump sum from Nationalized / Scheduled Bank towards security deposit as per EPI’s proforma against supply of reinforcement steel and cement within 15 days from the date of award of work. The Bank Guarantee shall remain valid till completion of work and all the materials issued have been fully consumed / reconciled. The party shall maintain a complete record of receipts / consumptions / stock of steel and cement supplied by EPI on daily basis and the record shall be made available to EPI as and when required.
40.0 Cost of Repairs
Loss or damage to the works or materials to be incorporated in the works from the start date and upto the end of the defects liability period shall be remedied by the contractor at his own cost, if the loss or damage arises from the contractor’s acts or omissions.
41.0 Completion Certificate
The contractor shall request the engineer to issue a certificate of completion of the works and the Engineer after satisfying himself will issue the certificate to the effect.
Additional Conditions of Contract ________________________________________________________________________Engineering Projects (India) Limited
_____________________________________________________________________________________________________ Signature of Contractor 17 EPI
42.0 Taking Over
The client shall take over the site and the works within one month from the date of completion of work by the contractor in all respect.
43.0 Final Account (Final Bill)
The contractor shall supply to the engineer-in-Charge a detailed account of the total amount that the contractor considers payable before the end of the defect liability period. The engineer-in-Charge shall issue a defect liability certificate and certify any final payment that is due to the contractor within 56 days of receiving the contractor’s account if it is correct and complete. If it is not, the Engineer-in-Charge shall issue within 56 days a schedule stating the scope of the corrections or additions that are necessary. If the final account is still unsatisfactory after it has been resubmitted, the engineer-in-Charge shall decide on the amount payable to the contractor and issue a payment certificate, within 56 days of receiving the contractor’s revised account.
44.0 Payment upon termination.
If the contract is terminated because of a fundamental breach of contract by the contractor, the engineer-in-Charge shall issue a certificate for the value of the work done less advance payments received up to the date of the issue of the certificate, less other recoveries due in terms of the contract, less taxes due to be deducted at source as per applicable law and less the percentage to apply to the work not completed as indicated in the contract data. If the total amount due to the employer exceeds any payment due to the contractor, the difference shall be recovered from the contractor by encashing their Bank Guarantee or any other securities. If the contract is terminated at the employer’s convenience or because of fundamental breach of contract by the employer, the engineer-in-Charge shall issue a certificate for the value of the work done, the cost of balance material brought by the contractor for and available at site. The reasonable cost of removal of equipment repatriation of the contract personnel employed solely on the works, and the contractor’s costs of protecting and security the profit and less advance payments received up to the date of the certificate, less other recoveries due in terms of the contract and less taxes due to be deducted at sources as per applicable law.
45.0 Contract Data
a)The Name of Principal Employer is : USIDCL 3/3, Industrial Area, Patel Nagar, Dehradun-248001.
Additional Conditions of Contract ______________________________________________________________________ _Engineering Projects (India) Limited
Signature of Contractor 18 EPI
b) Name of authorized Representative of the Principal Employer - will be intimated later c) The Engineer in charge/Engineer of the Principal employer is - Project Manager, USIDCL, Bhimtal Unit. d) Name of authorized Representative of EPI - Will be intimated later
e) The Defects Liability Period is 365 days from the date of handing over.
f) The Start Date shall be 10 days from the date of issue of the Notice to proceed with the work/ issue of Work Order or LOI.
g) The intended completion date for the whole of the work is 15 months after start date of work. Work programme of which shall be submitted by the contractor and got approved from Engineer before start of the work.
h) The site is located at Chandak, Near Mostamanu Temple,
Pithoragarh. The work consists of Construction of Non Residential Buildings for Base Hospital Pithoragarh.
i) The work shall be carried out as mentioned in the Bill of Quantity,
inter alia, include the following, as specified or as directed.
I) Building Works:-
Site development, setting out and layout, excavation of foundation & Basement, laying base concrete, R.C.C. footing, brick work in foundation and up to plinth, fixing door and window frames. Brick work in superstructure, laying of R.C.C. slab, plaster work, laying of floors, fixing of door and window shutters, painting and varnishing work, white washing, cement paint, construction of drain, all respect of quality assurance of various components of the works. Rectification of the defects in the completed works during the defect liability period, submission of “As built” drawing. and any other related documents and other items of work as may be required to be carried out for completing the works, in accordance with the drawings and provisions of the contract to ensure safety.
II) Electrical works:- PVC conduit, wiring, fixing of switches & switch boards, sub main wiring, cabling, power points, fixing of distribution board, all internal & external electrification works etc. complete.
Additional Conditions of Contract ________________________________________________________________________Engineering Projects (India) Limited
_____________________________________________________________________________________________________ Signature of Contractor 19 EPI
III) Water Supply & Sanitation works:- Open and concealed GI pipe works of all dia. including all fittings, fixing of gate valve, SCI/PVC pipes sanitation works including all fittings, construction of man hole chamber, soakage pit, septic tank, fitting of water supply and sanitary fixtures, under ground & roof water tanks, all internal & external water supply and sanitation works etc. complete.
j) Other Items:
• Any other items as required to fulfill all construction obligation as per
the Bid documents.
• The law, which applies to the contract, is law of Union of India.
• The language of the contract documents is English.
• The minimum insurance cover for physical property injury and death is Rs. 5.00 Lac per occurrence with the number of occurrence limited to four. After each occurrence contractor will pay additional premium necessary to make insurance valid for four occurrences always.
• The Site Possession Date shall be Date of agreement/Work Order.
• The period for submission of the work programme for approval of Engineer shall be 21 days from the issue of letter of Acceptance.
• The Period between programme updates shall be 7 days.
• The amount to be withheld for late submission of an updated
programme shall be Rs. 5000/- .
• The currency of the contract is Indian Rupees
• The proportion of payments retained (retention money) shall be 5% from each bill subject to a maximum of 5% of contract price.
• Amount of liquidated damaged for delay in completion of works shall
be 0.5% of the Total contract price, rounded off the nearest thousand, per week. Maximum limit of liquidated damages for delay in completion of work shall be 10% of the Total Contract Price rounded off to the nearest thousand.
Additional Conditions of Contract ______________________________________________________________________ _Engineering Projects (India) Limited
Signature of Contractor 20 EPI
46.0 Advance Payment and Security
The Employer will provide an Advance Payment on the Contract Price as stipulated in the Conditions of Contract, subject to maximum amount, as stated in the Contract Data. The amount of the advance payment are:
Nature of Advance
- Mobilization advance Not applicable. - Equipment advance Not applicable. - Secured advances on non- perishable materials brought to site (Applicable as per clause no. 35.0 of GCC)
47.0 Repayment of secured advance:
Advance shall be repaid from each succeeding monthly payments to the extent materials have been incorporated into the works. SECURITIES: The securities shall be for the following minimum amount as a percentage of the Contract Price. Performance Security/Performance Guarantee for 5% of contract value Rs…………….. (To be decided after evaluation of the bid) plus as additional security. The standard form of Performance Security acceptable to the employer shall be an unconditional Bank Guarantee and as per EPI’s Proforma valid upto …………..
48.0 The date by which ‘as built’ drawing (in scale as directed) in 2 sets are
required is within 28 days of issue of certificate of completion of whole or section of the work, as the case may be. An amount of Rs 1.00 lac shall be withheld for failing to supply ‘as built’ drawing by the date required.
49.0 The percentage to apply to the value of the work not completed representing
the Employer’s additional cost for completing the works shall be 20 percent.
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Arbitration
Both EPI and CONTRACTOR shall make efforts to settle disputes, if any amicably. Only if amicable settlement is not possible, the same shall be referred to the Sole Arbitration of the Chairman & Managing Director (CMD) of EPI or the person appointed by the CMD, EPI and the decision of the arbitrator shall be final and binding on the “CONTRACTOR”. Arbitration will be according to “Conciliation” Clause, which is enclosed at Annexure I
Annexure – II CONCILIATION AND ARBITRATION Before resorting to arbitration as per the clause given below, the parties if they so agree may explore the possibility of conciliation as per the provisions of Part – III of the Arbitration Conciliation and Act. 1996. When such conciliation has failed, the parties shall adopt the following procedure for arbitration :- 1 Except where otherwise provided for in the contract, any disputes and
differences relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and so to the quality of workmanship or materials used in the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to the Sole Arbitration of the Chairman and Managing Director (CMD) of Engineering Projects (India) Limited (EPI), or any other person discharging the functions of CMD of EPI and if CMD or such person discharging the functions of CMD of EPI is unable to act, to the Sole Arbitration of some other person appointed by the CMD of EPI or such other person discharging the functions of CMD of EPI. There will be no objection if the arbitrator so appointed is an employee of EPI. However, such an employee shall not have directly dealt with the said contract or the works there under on behalf of EPI. Such Arbitrator shall be appointed within 30 days of the receipt of letter of invocation of arbitration duly satisfying the requirements of this clause.
2. If there arbitrator so appointed resigns his appointment, is unable or
unwilling to act due to any reason whatsoever, or dies the Chairman & Managing Director aforesaid or in his absence the person discharging the duties of the CMD of EPI may appoint a new arbitrator in accordance with these terms and conditions o the contract, to act in his place and the new arbitrator so appointed may proceed from the stage at which it was left by his predecessor.
3. It is a terms of the contract that the Contractor invoking the arbitration shall
specify the dispute/ differences or questions to be referred to the arbitrator under this clause together with the amounts claimed in respect of each dispute.
4. The arbitrator may proceed with the arbitration ex-parte, if either Contractor,
in spite of a notice from the arbitrator, fails to take part in the proceeding 5. The work under the contract shall continue, if required, during the arbitration
proceedings
6. The Arbitrator shall make speaking Award and give reasons for his decision in respect of each dispute/ claim alongwith the sums awarded separately on
each individual item of dispute or difference or claims. The Arbitrator shall make separate award on each reference made to him.
7. The award of the arbitrator shall be final, conclusive and binding on both the
parties. 8. Subject to the aforesaid, the provisions of the Arbitration and Conciliation
Act, 1996 or any statutory modifications or re-enactment thereof and the Riles made there under and for the time being in force shall apply to the arbitration proceedings and arbitrator shall publish his award accordingly.
Note : Notwithstanding anything contained here in above, this clause shall not
be applicable where the dispute is between EPI and an another Public Sector Enterprise or Govt. Department for which a separate Arbitration Clause is provided vide Clause No. A given below :-
A. ARBRATION BETWEEN PUBLIC SECTOR ENTERPRISE INTERSE/GOVERNMENT DEPARTMENTS.
1. In the event of any dispute or difference relating to the Interpretation and
application of the provisions of the contract, such dispute or difference shall be referred by either Contractor to the arbitration as per the Instructions (Office Memorandums/circulars) issued by Govt. Deptt. and another, one Govt. Deptt. and a Public Sector Enterprise and Public Sector Enterprises interse.
2. Subject to any amendment that may be carried out by the Government of
India from time to time, the procedure to be followed in arbitration shall be as is contained in D.O. No. DPE/4 (10)/2001 –PMA – GLI dated 22/01/2004 of Department of Public Enterprise Ministry of Heavy Industries and Public Enterprise or any modification issued in this regard.
TECHNICAL SPECIFICATION
SPECIFICATION
1- All work shall be carried out as per detailed CPWD specifications.
2- Action where no specification is given
3- In the case of any class of work for which there is no specification in the Contract, such work shall be carried out in accordance with the detailed CPWD/ PWD specifications & in the event of there being no detailed specifications for the same, work shall be carried out in all respects in accordance with the instructions of the Engineer-in-Charge and good engineering practices.
4- The make for the Civil & Electrical items is as follows:- (a) Civil:-
S. No.
Item Manufacturer's Name
1 Grey Cement (OPC 43 Grade) ACC, Ultratech, JK, CCI,India Cement,JP2 White Cement J.K, Birla or equivalent3 Reinforcement Steel (TMT
bars) Tata, sail, Rashtriya Ispal Nigam ( RINL).
4 Structural Steel sections Sail, Vizag, Tata5 Concrete Additives Fosroc, Cico-tl, Sika6 Anti termite Chemical Pest Control India Ltd., Pest Con India, Pest
Control Incorporated. 7 Tile grouts, Joint Filler Laticrete, “Roff Rainbow Tile Mate” of Roff,
Construction Chemicals Pvt. Ltd., Winsil 20, Silicon Sealant of GE Bayer Silicon, Matrix Group.
8 Polysulphide Sealant Pidilite, Fosroc, STP.9 Silicone Sealant GE Bayer Silicone, Dow Corning, Wacker.10 Epoxy over flooring Fosroc, Sika or equivalent
11 Water Proofing Membrane –Bitumen Based
Sika, fosroc, Stp
12 Non Shrink grouts Fosroc, cico, Sika13 Non Metallic Floor Hardeners Fosroc, sika, cico, Stp.14 Bitumen Shalimar tar products, Mathura oil refinery15 Synthetic Enamel Paints Berger ( Luxol Gold), Nerolac( Full Gloss
Hard Drying), Asian ( Apcolite), ICI Dulux ( Gloss)
( super Acrylic)17 Cement Paint Snowcem Plus, Berger( Durocem Extra),
Nerolac ( Nerolac with Titanium) 18 Plastic Emulsion Paint ICI, Nerolac, Asian19 Other Paints & Primer ICI Dulux, Asian, Berger, Nerolac 20 Textured Coating Spectrum, Heritage, Unitile 21 Melamine ICI Dulux, Timberstone Melamine Coating22 Polyurethane Paint MRF or equivalent23 Silicon Water Repellent
Solution GE Bayer Silicon (I) Pvt. Ltd., Metroark P Ltd., or “Silicon Waterpeller” by STP Ltd., “Nisiwa-SH” of Mc- Baucheme (I) P Ltd., “Techrepel” of Choksy chemicals P Ltd.
53 Corner Guards Arpitha or equivalent54 Gypsum Partition & Gypsum
Ceiling India Gypsum, Lafarge or equivalent
55 Impregnated Fibre Board STP or equivalent56 Joint Filler and Bitumen
Products STP or equivalent
57 Electrodes Advani-Overlikon, ESAB, Dwekam 58 Mineral Fibre Ceiling System Armstrong, AMF, USG , DAIKIN 59 H.T. Bolts Unbrako or equivalent60 Steel Doors (General purpose) Shakti Met-Dor or equivalent 61 Steel Doors (Fire rated) Global Fire Protection Company, Radient safe
Fire Doors, Godrej, Navair, Shakti Met-Dor 62 Fire Door ( Wooden ) Navair , Aadhunic , Radient 63 Aluminum Sections Jindal, Hindalco, Indal64 Rolling Shutter Shivam, Milestones, Rama, Prakash 65 Pre-coated Roof Sheeting Multicolor, BHP, Bluescope, Japan Metal
Systems, Lloyds, CRIL 66 Glass wool and related
products, Mineral wool UP-Twiga, Owens Corning, Lloyds
67 Polycarbonate sheets GE Plastics , Polygal, Sunlite 68 Self drilling Screws Hilti, Builtex or equivalent 69 Logo, Signs, Name plates D-Line,Sign Sutra or Equivalent. 70 Pre - Engineered Building Kirby Building , Tiger Steel or equivalent71 Flush Doors Archidply ,Duro, Century, Alpro 72 MS Sliding Motorized Door Shivam Associates - Beninca RI524 K
System or equivalent 73 Water proofing compound Pidilite, Cico , Fosroc74 Fasteners Gun, Atul or equivalent75 Aluminum fittings Indal, hindalco76 Extruded vitrified clay tile Unitile or equivalent77 POP Sriram or equivalent78 outdoor furniture ( sitting
20 Exhaust Fans Alstom/ Havells/ Cromton Greaves 21 Ventilation Fans/Fresh air Fans Alstom/ Cromton Greaves / Havells/ Usha 22 Fan down rods Jindal/ Tata/ Prakesh 23 G.I. Pipes Jindal/ Tata/ Prakeshz 24 Moulded case ciruit Breaker Legrand/ Simence/ Merlin- Gerin
Compact)/ ABB 25 Current Transformer Alfa/ Kappa/ AE 26 Ammeter/Voltmeter AE/ Rishabh 27 LED type indication lamp Siemence/ GE/ L&T (Esbee)/ BCH 28 Selector Switch L&T (Salazer)/ GE/ HPL/ Siemens 29 Geyser Spherehot/ Racold/ Bajaj/ Usha-Luxhes 30 AI Power LT Cable Gloster/ Grandly/ Raillison/ Havells/
Polycab 31 Cable Lugs Jainsons/ Dowell’s/ Elcon 32 Cable Glands Gripwell/ Comet/ Metal Craft 33 Fire extinguisher Cease-fire 34 Rubber Mating ISI mark 35 Wall mounting fan Usha/ Khaitan/ Bajaj/ Havells 36 Any other items
As approved by Engineer in Charge, in case of any changes in company names and brand range approval of Engineer In Charge should be taken before installation.
37 LT Panel
IS code 5039:1983 Modern Switch Gears LKO, GEWIS, MEI, JYOTI, GAURAV , HPL, C&S.